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The Santiago Appeal Court dismissed the appeal filed by the former priest Cristián Precht against the Archdiocese of Santiago.
Unanimously, the court of appeal dismisses the charge of the former priest who accused the violation of his constitutional guarantees during the canonical inquiry conducted by the 39; Church.
Precht's defense appealed, claiming that the Church had ordered him to reside in Santiago for the duration of the investigation, which, in his opinion, constituted a violation of their rights.
According to the decision of the court of appeal, it is not possible to determine the process "would have violated the constitutional guarantees of due process and equality before the law, because is a body that has pursued it in the exercise of its constitutionally recognized competence, which guarantees, in a preliminary instance, the possibility in which the Ordinary, in accordance with the merits of this inquiry , decides the beginning of the determination process of the defense of the accused, as well as reported the respondent. "
The Santiago Court of Appeal dismissed protection call. presented by ex-priest Cristian Precht against the archdiocese. He states that it is neither illegal nor arbitrary to act in the context of the investigation against him @Cooperativa
– Valentina Godoy (@valegodoyb) of 12 November 2018
"The violation of mental health and honor denounced, the appellant recounts as a direct consequence of the fact that he was prosecuted by an organ – which knows no legality – which could have affected his health and reputation, given the public connotation that was done by the media, "says the resolution.
" However, the action exercised by the canonical justice can not be considered a humiliating treatment or a violation of constitutional rights .] Guaranteed by the numbers 1 and 4 of the law. Article 19 of the Political Constitution of the Republic, because, as part of this process – as well as that followed in ordinary criminal headquarters – it is precisely sought to investigate the effectiveness of denunciations of facts in which Mr. Precht is convicted under a legally recognized regime ", concludes the judgment.
According to the court, the constitution recognizes the legal personality of the archdiocese of Santiago and the fact that Cristián Precht, as a member of the priestly order does not lack the canonical rules.
In addition, they indicate that the earlier investigation conducted by the archdiocese was in accordance with the faculties granted by canon law and that does not establish that the rights Precht were raped.
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